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(영문) 대전지방법원 서산지원 2015.09.03 2015고단479
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on May 31, 2015, the Defendant: (a) received a report from the police officer at the Seosan Police Station Estation at the Seosan Police Station Estation, and received a notification from F, and tried to issue the Stick through a mobile phone inquiryer (PDA) held by F; (b) stated that “the notification shall be notified and Chewing,” and “the F shall take the F’s right hand hand on his hand; (c) 2 police officers, such as G and Ha, such as the police officer, have taken the f’s right hand hand on his hand; and (d) assaulted for about 15 minutes, such as threatening and Ha’s chest on his hand, as they may be sealed by G and H’s chest on several occasions.

Accordingly, the Defendant assaulted police officers F, G, and H, who are public officials, thereby obstructing the legitimate performance of official duties concerning the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of I;

1. Reports on internal investigation and investigation reports (to hear and report the F phone statement of police officers posted at the site);

1. Application of Acts and subordinate statutes to photographs of crime scene;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The defendant asserts that the defendant's argument regarding Article 62-2 of the Social Service Order Criminal Act was in an insane or mental and physical state at the time of the instant case.

According to the records, although the defendant could be recognized that he was drinking at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the means and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case

or weak conditions may not be deemed to have existed.

The reason for sentencing [Scope of Recommendation] The obstruction of the performance of official duties (Obstruction of the Performance of Official Duties).

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